Final Order 1

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IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE
Case No. :SUIT/0101290/2018
1.Mohammed Asim Haji Mohammed Sharif Raine 2.Sultana Mohd.Asim Raine Vs 1. MCGM
2.Asst.Municipal Commissioner
Date : 31-03-2018
Business : Adv. Mr. Pratap Singh for the plaintiff present. Adv. Mr.
Khandagale for BMC/Deft.present. Mr. Lankesh Sakhare,
Sub-Engineer, Water H/E, Civil maintenance present. Mr.
Malavankar, Sub-Engineer,
&amp#039L&amp#039 Ward present. Exh. 2 -
List of documents filed by BMC/Deft. Taken on record. O-
filed. Heard learned advocate for the plaintiff and learned
advocate for the defendant. Learned advocate for the
plaintiff has submitted that this court has jurisdiction to try
and entertain the suit in view of section 9 of CPC. It seems
that in view of order passed by Hon&amp#039ble
High Court in Notice of Motion no. 350/15 in PIL 140/2006
and further orders passed in PIL no. 140/2006 on
16.02.2018, the defendant corporation has initiated the
action in respect of suit property. In view of directions given
by Hon&amp#039ble High Court on 03.07.2015 in
para no. 14, this court has no jurisdiction to entertain the
suit, as it is filed by the plaintiff for seeking reliefs
pursuance to the implementation of the order passed by
Hon&amp#039ble High Court in PIL no. 140/2006 on
16.02.2018. Therefore, suit is to be disposed of, as this court
has no jurisdiction to entertain the present suit. Hence, suit
stands disposed of and accordingly draft notice of motion
stands disposed of.
Nature of Disposal : DISMISSED
Disposal Date : 31-03-2018
COURT 11 ADDL SESSIONS JUDGE
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